Alabama Advisory Opinions August 30, 2007: AGO 2007-134 (August 30, 2007)

AGO 2007-134.

Dear President Moulton:

This opinion of the Attorney General is issued in response to your request.

Recently, the social work program for the University of South Alabama was approved for candidacy in the accreditation process by the Council on Social Work Education. Is the approval of candidacy for accreditation tract sufficient endorsement for graduates to be considered as having graduated from an approved or accredited program within the meaning of section 34-30-22(5)(a)(1) of the Code of Alabama?

In your letter of request, you informed this Office that the State Board of Social Work Examiners has taken the position that Alabama law does not permit graduates of the University of South Alabama ("University") to sit for the examination because such students will not have graduated from an approved or accredited program. It is the position of the University, however, that its program has been approved by the Council on Social Work Education ("CSWE"). In your letter, you state that the University's program has been approved for candidacy in the accreditation tract. Based on this, the University believes that its graduates are qualified to apply for and take the state license examination.

Your question contemplates the interpretation that should be given to section 34-30-22(5)(a)(1) of the Code of Alabama with regard to the language "approved or accredited." This section states as follows:

The State Board of Social Work Examiners shall issue a license as a "licensed bachelor social worker," a "licensed graduate social worker" or a "licensed certified social worker" to an applicant who:

(5) Meets the following additional requirements for the level at which they are applying to be licensed:

a. Bachelor social worker:

1. Has a baccalaureate degree from an accredited college or university including completion of a social work program. At the end of five years from June 8, 1984, applicants who then apply must have a baccalaureate degree from an accredited college or university, including completion of a social work program approved or accredited by the Council on Social Work Education ...

Under the established rules of statutory construction, words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used, a court is bound to interpret that language to mean exactly what it says. Ex parte Cove Properties, Inc., 796 So. 2d 331, 333-34 (Ala. 2000). Webster's Dictionary defines "approve" as "mak[ing] or show[ing] to be worthy of approbation or acceptance." WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 106 (2002). Some of the synonyms for this word include sanction, endorse, and accredit. "Accredited" is defined as being "publicly sanctioned or recognized . . . officially authorized or recognized: provided with credentials." WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 13 (2002). Because these words are synonymous, it appears that the Legislature sought to stress the importance of the program being endorsed in some manner by the CSWE.

In reviewing the website for CSWE, there is a section dedicated to questions regarding accreditation. Specifically, the issue of candidacy is broached as follows:

What does it mean when a program is in candidacy?

Under the 2001 Educational Policy and Accreditation Standards, programs working toward accreditation are first in precandidacy and then candidacy. Precandidacy is "a time that a new program and its institutional administration engages in a period of preliminary planning, securing resources, and hiring faculty before submitting an application" (Handbook of Accreditation Standards and Procedures, 5th ed., 2003, p. 3).

Candidacy is the "first step toward the initial accreditation process" (Handbook of Accreditation Standards and Procedures, 5th ed., 2003, p. 3).

Once a program is granted initial accreditation, it "automatically covers those graduating classes of students who were admitted during or after the academic year, August to June, in which the program was granted candidacy.

Students admitted prior to the academic year in which the program was granted candidacy [such as pre-candidacy] will not have graduated from a Council-accredited social work education program" (Handbook of Accreditation Standards and Procedures, 5th ed., 2003, p. 6).

Based on the information gathered from the CSWE website and the additional materials submitted with your request, it is apparent that the accreditation process is extremely involved and requires a three-step process: precandidacy, candidacy, and accreditation. A program is not endorsed by CSWE until it is accredited. You informed this Office that the social work program at the University of South Alabama entered into the candidacy phase of accreditation in February 2006. Prior to the 2005-2006 academic year, the University was in the precandidacy stage of accreditation. Students entering the University during the precandidacy stage of accredidation are ineligible to sit for the licensure examination because such students will not have graduated from an accredited program. Students that entered the University on or after the 2005-2006 academic year may sit for the licensure examination once the program receives its initial accreditation because such students will have graduated from an accreditated program. Id.

Furthermore, as noted in your request, the Board of Social Work Examiners has interpreted this section as requiring the program to be accredited and not in the process of receiving accreditation. Although administrative construction of a statute is not binding, such construction is persuasive and is to be considered favorably. McCullar v. Universal Underwriters Life Ins. Co., 687 So. 2d 156, 163 (Ala. 1996).

CONCLUSION

Although the social work program for the University of South Alabama was approved for candidacy in the accreditation process by the Council on Social Work Education, this approval of candidacy for accreditation tract is not sufficient endorsement for graduates to be considered as having graduated from an approved or accredited program within the meaning of section 34-3022(5)(a)(1) of the Code of Alabama.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Monet Gaines of my staff.

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/MMG 310752/107347